Simpson Trademark Law, PLLC

01/11/2023

06/23/2022

Design/stylized marks vs. Standard character marks--what is the difference?

(1) Design/Stylized Marks: When you register a design/stylized mark, you upload an image of the mark and you are registering that EXACT image. Such marks may include a graphic design only, stylized wording, or both a design and wording. These registrations protect the way a mark looks, and your customers' initial impressions and associations of a mark with a product/service even when quickly glancing at your mark.

(2) Standard character marks: These marks protect the wording of your mark in any format presented. We almost always start with registering the wording of a standard character mark. If the design/logo of your mark changes down the road, you can maintain your standard character mark and simply file a new design mark application.

01/27/2022

Naming a new business is more complicated than you might realize. Read these 5 Tips for Naming Your Business, to avoid a forced name change/rebrand down the road: https://www.simpsontrademarklaw.com/trademark/5-tips-for-naming-your-business/

11/05/2021

Every business has an online presence, meaning your competitors can easily find you. It is more important now than ever to register your trademarks.

09/16/2021

IP makes up 80% of the value of your business—think know-how (trade secrets), message (copyrights), reputation (trademarks) & innovations (patents/trade secrets).

09/03/2021

Y’all, posting to social media is always the last thing on my list…it has *only* been 2 months. 😬 Ask me general trademark, patent or copyright law questions below so that my next post will be before December! 😅

07/02/2021

Simpson Law is officially 1 year old! 🥳 Thank you to all my established and new clients for a wonderful first year. And thank you to all our referral partners who trust us to take care of your clients’ intellectual property needs.

After ten years of working at a great law firm, starting my own intellectual property law firm during a pandemic was a leap of faith. But this past year has been my favorite year of practicing law. If you are thinking about starting your own business, go for it!

Looking forward to many more years of working with local companies and helping you protect your company’s most valuable asset! 🎉

06/22/2021

Are you surprised by the answer? While this may seem to be an exaggeration, studies show that innovations and know-how (protectable by patents and as trade secrets), reputation and goodwill (protectable by trademarks), and expression and messaging (protectable by copyrights) are your most valuable assets.

Call my office today (806.370.1848) to discuss how you can protect your business’s most valuable asset.

04/15/2021

🛑 STOP FRAUD 🛑

What is an invention promotion company (aka, invention submission corporation, invention marketing company, invention promoter, invention promotion firm)?

(1) What these companies *allege* they do: Help (first-time) inventors develop/market inventions by evaluating patentability, obtaining/licensing patents, building prototypes, and marketing inventions.

(2) Who do these companies target? New/novice/amateur inventors are targeted via mass media (tv, radio, magazines).

(3) What actually occurs? Step 1: Free evaluation of your invention. Step 2: A consultant (aka salesperson) contacts you to break the wonderful news—your idea has been accepted by their firm! Step 3: You pay $500-1,500 for a “research report” and/or a “patent search.” Step 4: The “patent search” does not include any patents with similar features—this is the heart of the scam, leading you to believe your invention is patentable and marketable. Step 5: Your consultant tells you, “Our company is so excited about your invention!” “You must be a genius!” “What are you going to do with all the money you make from your invention?!” Step 6: You receive a contract asking for $10,000-20,000 and your consultant insists that “time is of the essence.” Step 7: You cash out your retirement, savings, etc. and pay the fee, thinking this is your chance to make it big—Shark Tank, here you come! Step 8: You make the $10-20k payment and the scam is complete—the company pockets your money, you never obtain a patent, and you never make $1 on your invention.

The US government estimates that hundreds of these companies exist and that "virtually all of them are either ineffective or outright fraudulent."

Currently, the USPTO has a list of published complaints against and responses from the following companies:
* Invent Help
* Davison Design
* Invent Company
* Harvey Reese Associates
* World Patent Marketing
* Idea Buyer, LLC

Have you been scammed by an invention promotion company? If so, register your complaint by visiting the USPTO’s Scam Prevention page at USPTO.gov.

04/09/2021

🛑 You have worked incredibly hard to establish your business. How do you prevent others from copying everything you have worked so hard to establish?!

🛑 Protect your intellectual property (IP) from the start and establish policies for protecting new IP. Oftentimes trademarks, patents, copyrights and trade secrets work together to protect you and your business.

⚖️ Schedule your consultation to protect your IP today: https://simpsontrademarklaw.cliogrow.com/book. 🎉

04/08/2021

Congrats to all of these registered trademark owners! 🎉 Check them out—each one is a locally-owned business! Roof Master & Construction (Lubbock, TX) ♦️ Vingo Vineyards (Dalhart, TX winery and vineyard) ♦️ One Way Vineyard (Floydada, TX vineyard) ♦️ Chicken Run (Lubbock, TX restaurant)

I love working with local companies. The Lubbock/Amarillo/Midland area is full of creatives, inventors and business owners. Call me today if you need help protecting your trademarks, inventions, artwork, songs, or any other IP creation. ☎️ 806-370-1848

03/12/2021

The USPTO typically will not issue a trademark registration on such a mark, and you could be sued for trademark infringement for using a mark that is confusingly similar to an existing mark. The standard for trademark registration and infringement is “likelihood of confusion”—slightly changing an existing mark may confuse consumers, which is exactly what trademark law strives to prevent.

EXCEPTION: Likelihood of confusion requires similar marks AND related products/services. Generally, two similar (or even identical) marks can coexist if the products/services are not related (think DOVE® soap and DOVE® chocolate).

EXCEPTION TO THE EXCEPTION: Never use a variation of an instantly recognizable famous mark (think COCA-COLA®). Famous marks are given broader protection and proof of similar products/services is not required.